Licensing (Scotland) Act 1976 (repealed)

F118B Conditions for existing licences.S

(1)This section applies to premises in respect of which a licence has been granted, whether before or after the coming into force of this section, under section 17 of this Act where no conditions have been attached to the licence in pursuance of section 18A of this Act.

(2)Where it appears to a licensing board that an event to which section 18A of this Act applies may be held on premises to which this section applies, the board shall convene a meeting for the purpose of attaching to the licence the conditions specified in subsection (1) of that section.

(3)The clerk to the licensing board shall, not later than 21 days before the date of the meeting to be held under subsection (2) above, serve on the holder of the licence and send to the chief constable a notice of—

(a)the meeting;

(b)where the Secretary of State has prescribed the terms of any prescribed conditions, such terms;

(c)in the case of any other prescribed conditions, the terms proposed by the board; and

(d)where the board proposes to attach any other conditions to the licence, the terms of such conditions.

(4)At the meeting held under subsection (2) above, unless the holder of the licence satisfies the board that no event to which section 18A of this Act applies will be held on the premises, the board shall attach to the licence the prescribed conditions and such other conditions as it considers necessary in the terms determined in accordance with subsection (5) below.

(5)In determining—

(a)whether the board is satisfied as mentioned in subsection (4) above; or

(b)what conditions (other than prescribed conditions) to attach to a licence or the terms (other than such terms as are prescribed) of such conditions,

the board shall have regard to any observations submitted by the chief constable and any other person or body mentioned in section 16(1) of this Act.

(6)Subsections (2) to (4) of section 16 of this Act shall apply in relation to any observations made under subsection (5) above as they apply in relation to any objection made under that section; and for the purposes of such application any reference in the said subsections (2) to (4)—

(a)to an application shall be construed as a reference to conditions proposed to be attached to the licence;

(b)to the applicant shall be construed as a reference to the holder of the licence;

(c)to an objection shall be construed as a reference to an observation;

(d)to the proper address of the applicant shall be construed as a reference to the address at which notice is served on the holder of the licence under subsection (3) above,

and cognate expressions shall be construed accordingly.

(7)The terms of conditions to be attached to the licence in pursuance of subsection (4) above are—

(a)in the case of the prescribed conditions—

(i)where the terms of any condition have been prescribed, such terms;

(ii)where the description of any condition has been prescribed, such terms as the board considers appropriate;

(b)in the case of any other condition notified under subsection (3)(d) above, such terms as the board consider appropriate; and

(c)in the case of any condition not so notified, such terms as are agreed with the holder of the licence.

(8)Subsections (5) to (10) of section 18A of this Act shall apply to conditions attached to a licence under subsection (4) above as they apply to conditions attached to a licence under section 18A(1) of this Act.

(9)The clerk to the licensing board shall forthwith intimate to the holder of the licence—

(a)where the board is satisfied that no event to which section 18A of this Act will be held on the premises, that fact; and

(b)where the board attaches conditions to the licence, such conditions by sending to the holder of the licence a copy of the licence with the conditions attached.

(10)In this section “prescribed conditions” has the same meaning as in section 18A of this Act.